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Vermont consumers to get checks for Provigil settlement

Vermont consumers to get checks for Provigil settlement

Vermont Business Magazine Checks are being mailed to Provigil consumers in connection with the settlement between Vermont and 47 other states, and drug company Cephalon and affiliated companies (now part of Teva Pharmaceutical Industries). In August 2016, state attorneys announced the settlement. The settlement resolved allegations that the companies engaged in unlawful "pay-for-delay" anticompetitive conduct involving the patent exclusivity for Provigil. The settlement included $35 million to compensate eligible consumers who may have been harmed by the alleged conduct.

Provigil consumers who purchased Provigil during the time covered by the settlement were provided with notice and an opportunity to participate in, object to, or opt out of the settlement. In order to participate, consumers were required to submit written claims regarding their Provigil purchases.

An independent claims administrator approved by the court reviewed the consumer claims and determined each consumer’s pro rata share of the settlement proceeds. The checks being sent to Vermont consumers will reflect their pro rata share of the settlement proceeds. Vermont consumers and the State of Vermont will receive a total of over $1.6 million as part of a settlement.

Provigil, which includes the active ingredient modafinil, is approved by the federal Food and Drug Administration (FDA) to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea and shift work disorder.